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RobertJDFL, Attorney

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My daughter was unfairly denied SSI benefits on two appeals

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My daughter was unfairly denied SSI benefits on two appeals by the same Middle Tennessee judge. She has lupus, below elbow amputee. ADHD and migraines plus has tested positive for tinnels in her other arm. This judge in the last appeal began his letter of "unfavorable decision" with a lie by saying I, her mother, was present and testified. I was in fact told I could not go in the room unless the judge said I could. I believe it was a form of intimidation because of its negative impact on her self confidence. Also, this 2nd appeal was granted based on the worsening condition of the only good arm, not all the other issues as before. In essence, his reasoning was nothing but a bunch of taking rheumatologists statement out of context, belittling her worsening arm condition and saying she still fit the profile of a one armed worker (naming specific jobs she could do which by the way involved repetitive arm use) and he even said he was not going to take her pediatrician or pcp's evaluations at all into consideration because he said they were not medically supported?!!!! This is just t the point of ridicules.I think he even said something about she looked healthy and what does that have to do with anything? I know this can't be right. Where do I go from here to get a new judge or report this and get the decision overturned?

So I can better answer your question, I want to make sure that I understand the circumstances correctly. When you say she was denied on two appeals, do you mean that she went before this judge once, was denied at the hearing level, appealed it to the Appeals Council/Federal Court, had it sent back down, and it was denied again in a second hearing?

I'm sorry your daughter has struggled for so long with this. Unfortunately, many of these judges are nothing more than government "puppets" and basically have it in their heads to deny many good cases that should otherwise likely be approved. That said, I have good and bad news. The bad news is, you would have to once again appeal this decision, though it sounds like there may be grounds to do so -such as incorrectly stating that you were in the room and gave testimony, and failing to consider the records from your daughter's treating doctor(s) for example. There may be others - obviously I cannot say without having reviewed the file.

Assuming it is remanded again, the good news is that social security regulations -their own policy - known as the "Hallex" provides for reassignment when an ALJ presided over one remand and that ALJ's decision is the subject of the second remand. In other words, Social Security would automatically assign a different judge this time at the hearing level.

That sounds like more good news than bad. The ball rolls very slowly. The case has been back and forth since 2010. Could mean another year of struggling. The judge from the board of appeals seems to be more on the ball that the one that has been handling the case. Thanks for the advice. I will continue pressing on.

Yes, usually the appeals council, or if not the appeals council, certainly the judges on the federal level (who are true federal judges, as opposed to administrative law judges on the hearing level) are more on top of things and have more of an appreciation I think of how things should run. But you're right -it could mean more waiting. Probably a year at the appeals council level, and if they deny it and it has to go to federal court, even longer than that.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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